SHIPRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for applicant and learned A.G.A. for State.

(2.) This application U/S 482 Cr.P.C. has been filed seeking quashing of the entire proceeding including summoning order dated 17.06.2019 in Complaint Case No. 333 of 2019, under Sections 323, 504, 506 I.P.C., Police Station Expressway Noida, District Gautam Budh Nagar, Diwakar Pratap Singh Versus Shipra Singh, pending before Civil Judge (Senior Division) F.T.C. / A.C.J.M., Gautam Budh Nagar.

(3.) Learned counsel for applicant argued that applicant Shipra Singh is wife of Diwakar Pratap Singh and there occurred an occurrence, for which first information report was got lodged against Diwakar Pratap Singh and his mother, in which charge sheet was filed. As a counter blast, this complaint was filed with malicious prosecution, wherein complainant Diwakar Pratap Singh has given a false statement under Section 200 Cr.P.C. and his two witnesses were of false contention under Section 202 Cr.P.C. The summoning for offence punishable under Sections 323, 504, 506 I.P.C. was malicious having no evidence for it. Hence, this application with above prayer.